Sri Nishar & Anr. v. Mishra
Case at a glance
- Bench
- MANISH KUMAR NIGAM
Outcome
Disposed of
Accordingly, the present petition stands disposed of finally
Provisions considered
- Code of Civil Procedure, 1908 O. 9 r. 13
Key paragraphs
- Para 55. Accordingly, the present petition stands disposed of finally 2 A227 No. 11415 of 2025 with a direction to the Civil Judge (S.D.), F.T.C. Agra to consider and decide the aforementioned misc. case, in accordance with law, expeditiously, preferably within a period of twelve weeks…
Judgment
Sri Nishar And Another Versus .....Petitioner(s) .....Respondent(s) Counsel for Petitioner(s) : Devashish Tripathi, Yogesh Counsel for Respondent(s) : Mishra Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.
Heard learned counsel for the petitioner and perused the record.
The instant writ petition has been filed for following relief: " 1. Issue a order or directing to the Civil Judge (S.D.), F.T.C. Agra, to decide the misc. case No. 337 /2024 under order 9 rule 13 read with section 151 C.P.C., (Kamal and others versus Shri Nisar) within stipulated time. II. Issue a order or direction to the respondent No. 1 /plaintiff for not to sell the property in question to any third party, till the final disposal of misc. case No. 337 /2024 under order 9 rule 13 read with section 151 C.P.C., (Kamal and others versus Shri Nisar)."
Contention of the learned counsel for the petitioners is that aforementioned Misc. Case No.337 of 2024 under order 9 rule 13 read with section 151 C.P.C. is pending and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously.
In view of above, no useful purpose would be served in keeping this petition pending.
Operative part
Accordingly, the present petition stands disposed of finally 2 A227 No. 11415 of 2025 with a direction to the Civil Judge (S.D.), F.T.C. Agra to consider and decide the aforementioned misc. case, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the concerned parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. September 19, 2025 S. Singh (Manish Kumar Nigam,J.) SAVITA SINGH High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the present petition stands disposed of finally
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. 9 r. 13.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.